The Filibuster

The filibuster has its origins in the formative years of a nation fearful of majority tyranny. It allowed any U.S. senator to speak for as long as he chose, effectively letting individuals postpone legislative votes. By some accounts, the practice grew out of a conviction that minority opinions should be guaranteed a hearing in a quintessentially deliberative body. By others, it was a rule-making mistake with consequences the founders never imagined. By the 21st century the filibuster had turned Senate democracy on its head, upending the principle that most disagreements should be settled by majority vote. Senate traditionalists have found it harder and harder to defend.

On April 6, Senate Majority Leader Mitch McConnell invoked the “nuclear option” and called for a simple majority vote to change the rules on filibusters, which passed. He did this to be able to confirm President Donald Trump’s first nominee to the Supreme Court, Neil Gorsuch. Until the rules were changed, a supermajority of 60 votes was required to cut off debate and allow a vote on a Supreme Court nominee. Republicans hold just 52 of the 100 Senate seats; the first vote to end debate fell short at 55-45. After the rules change, the Senate confirmed Gorsuch on April 7. Democrats had previously chipped away at filibuster rules in 2013 to let a simple majority advance President Barack Obama’s picks for lower courts and federal agencies. Senate Minority Leader Chuck Schumer said in January that he regretted the decision to alter Senate rules, though his party’s resolve to oppose Gorsuch ended up in another limitation. The Senate takes history seriously and tends to change by consensus: Republicans were outraged by the 2013 rules change. Yet when they controlled the Senate again, they used it to win easy confirmations of Trump’s cabinet nominees. So far, legislation can still be filibustered.